Airports: Security Levy

Lord Laird: asked Her Majesty's Government:
	Whether any airports in the United Kingdom pay them a levy for security services; if so, how such a levy is calculated; what it is for; and which airports are involved.

Lord Davies of Oldham: The Government do not receive a security levy from any United Kingdom airport.

British Citizenship

Lord Avebury: asked Her Majesty's Government:
	Whether, having regard to the guidance of the Indian Ministry of Home Affairs (published at www.mha.nic.in/citizenship/acquisition.htm), they will update paragraphs 3 and 4 of annexe H to chapter 14 of the Home Office Nationality Instructions to ensure that the provisions for acquisition of Indian citizenship described in the Instructions are consistent with India's Citizenship Act 1955, as amended by the Citizenship (Amendment) Act 2003.

Baroness Scotland of Asthal: I refer the noble Lord to the Written Answer I gave on 7 March (WA 65) in which I said that we would update annexe H once we had the result of further inquiries of the Indian Government about how the new legislation works in practice. As the noble Lord is aware, a Note Verbale, seeking clarification on these and certain other matters, was sent to the Indian Government on 20 April but we have yet to receive a substantive reply. The guidance of the Ministry of Home Affairs to which he refers does not provide the necessary clarification.

British Nationality: Hong Kong

Lord Avebury: asked Her Majesty's Government:
	Whether, further to the Written Answer by the Baroness Scotland of Asthal on 28 October 2004 (WA 143–44) on British nationality, they will (a) place in the Library of the House an anonymised copy of the Foreign and Commonwealth Office letter (ref: FOI 805-05) dated 30 June; and (b) explain, having regard to the letter, how a valid "common understanding" could have been reached if the government of India did not fully understand that British national (overseas) status could be acquired solely by making a written application for registration.

Baroness Scotland of Asthal: An anonymised copy of the letter of 30 June (FOI 805-05) will be placed in the Library of the House. The Indian authorities agreed in 1998 that a minor would retain his citizenship of India notwithstanding his acquisition, while a minor, of the status of British national (overseas). Their agreement followed lengthy discussions with British officials, in the course of which the statutory provisions for acquisition of the status of British national (overseas) were fully explained.

Channel Tunnel Intergovernmental Commission

Lord Berkeley: asked Her Majesty's Government:
	Whether the Channel Tunnel Intergovernmental Commission is required to comply with Cabinet Office guidelines on consultation.

Lord Davies of Oldham: My department is mindful of the guidelines but we cannot require the compliance of the intergovernmental commission because its governance is shared with another sovereign state.

Driver and Vehicle Licensing Agency: Telephone Numbers

Lord Tyler: asked Her Majesty's Government:
	Whether the Driver and Vehicle Licensing Agency now follows the guidance of the Central Office of Information and OFCOM in relation to the use of 0870 and 0845 telephone numbers for public enquiries.

Lord Davies of Oldham: The DVLA does follow guidance issued by the Central Office of Information. DVLA is awaiting the outcome of the current OFCOM consultation and will comply with any changes made to the regulation.

Heavy Goods Vehicles: Hours of Work

Lord Bradshaw: asked Her Majesty's Government:
	What is the maximum fine which may be imposed for a breach of heavy goods vehicles hours of work legislation; and what is the average level of fine imposed since the Working Time Directive was implemented.

Lord Davies of Oldham: For Great Britain, penalties for breaches of the new working time rules for mobile workers are set out in Regulation 17 of the Road Transport (Working Time) Regulations 2005.
	For failure to comply with any of the relevant requirements of the regulations (for instance, working time limits, break and rest requirements, night work limits and information/record-keeping requirements), the maximum penalty in a magistrates' court currently, would be £5,000. However, in a Crown Court, the maximum penalty would be a fine at the judge's discretion.
	For preventing a person from appearing before an inspector or for obstructing an inspector, the maximum penalty in a magistrates' court currently would be £5,000.
	For contravening an improvement notice or prohibition served under the regulations, the maximum penalty in a magistrates' court would be three months in prison or, currently, £5,000. However, in a Crown Court, the maximum penalty would be two years in prison and/or a fine at the judge's discretion.
	For failure to comply with an inspector's requirements, disclosure of certain information without permission or for a false statement in purported compliance with the regulations, the maximum penalty in a magistrates' court currently would be £5,000. However, in a Crown Court, the maximum penalty would be a fine at the judge's discretion. For disclosure of certain information without permission, the Crown Court has the option of giving a two year prison sentence and/or the fine.
	Similar penalties apply in Northern Ireland—see the Road Transport (Working Time) Regulations (Northern Ireland) 2005.
	To date, nobody has been prosecuted for breach of the regulations. They are still relatively new and enforcers have received few complaints. In response to those complaints, the initial emphasis has been on educating employers and employees rather than prosecution. So far this approach has been largely successful and enforcers have seen improvements being made. Nevertheless, arrangements for enforcement of the new rules (and the resources allocated to this task) are being kept under review.

Illegal Immigrants

Lord Tebbit: asked Her Majesty's Government:
	Further to the Written Answer by the Baroness Scotland of Asthal on 10 October (WA 40), whether they have made an estimate of the number of children born in the United Kingdom to illegal immigrants; and whether by reason of fathering or giving birth to a child in the United Kingdom illegal immigrants acquire a right of abode.

Baroness Scotland of Asthal: Illegal immigrants do not acquire a right of abode in the United Kingdom by fathering or giving birth to a child in the United Kingdom. No estimate of the number of children born in the United Kingdom to illegal immigrants has been made.

Indian Citizenship

Lord Avebury: asked Her Majesty's Government:
	Why, at a meeting in New Delhi on 5 August, Foreign and Commonwealth Office officials asked the Indian Ministry of Home Affairs to stop issuing letters clarifying points of Indian citizenship law to members of the public, when the Home Office requires production of such letters to establish that the applicant does not hold Indian nationality; and whether this means that the requirement for applicants of Indian origin to produce such letters in support of applications for British nationality has been waived.

Baroness Scotland of Asthal: The meeting was arranged to pursue our request for clarification on a number of points of Indian citizenship law. At the meeting the Indian Director for Immigration and Citizenship stated that he was not in a position to provide the requested clarification, and conceded that some members of the public might in the meanwhile have been given incorrect information by the Ministry of Home Affairs and Indian diplomatic missions. In light of this, the director was requested not to authorise any further statements about the points of law under discussion until the Ministry's position on them was settled. There is no legal requirement for applicants to produce letters confirming non-possession of other citizenships in support of their applications for British citizenship. Indeed, the Ministry had previously intimated, in its Note Verbale No. T42313/2003 of 28 May 2003, that it would not normally be prepared to issue such letters in respect of persons resident in India. Decisions on applications made by persons of Indian origin can normally be made without the need for such letters.

Licensing Regulations

Lord Vinson: asked Her Majesty's Government:
	Whether they will amend the new licensing regulations to ensure that the costs involved do not fall disproportionately on small shops and local organisations and that it remains economic for them to sell alcohol.

Lord Davies of Oldham: The licensing fees have been set centrally by government at a level to enable licensing authorities to recover fully their legitimate administration, inspection and enforcement costs, while at the same time achieve arrangements which are fair to business, non-commercial organisations and to other individuals seeking licences. The Government have established an independent licensing fees review panel to consider whether the fees regime is meeting these objectives. It is extremely important that the panel can determine the full costs of the new regime and compare original forecasts against actual outcomes. Over the past few months, the panel has commissioned evidence from around 70 stakeholder organisations touched by the new regime including the Association of Convenience Stores, Rural Shops Alliance, Federation of Small Businesses and local community organisations. The panel will deliver an interim review shortly, followed by a final report in autumn 2006.

Metropolitan Police Commissioner

Lord Dykes: asked Her Majesty's Government:
	Whether they have held any discussions with the Metropolitan Police Authority regarding the continued tenure of the Metropolitan Police Commissioner, Sir Ian Blair.

Baroness Scotland of Asthal: Sir Ian Blair was appointed as Commissioner of the Metropolitan Police for a term of five years, commencing on 1 February 2005 and ending on 31 January 2010. Since the discussions which took place at the time of his appointment, there have been no further discussions between the Government and the Metropolitan Police Authority regarding his tenure as commissioner.

Nepal: British Nationals

Lord Avebury: asked Her Majesty's Government:
	Whether they will place in the Library of the House the correspondence from the Office of the Prime Minister and Council of Ministers of Nepal concerning the status under Nepalese law of British nationals (overseas), including the official translations of the relevant Nepalese legislation.

Baroness Scotland of Asthal: The correspondence referred to was a single letter sent to us by a member of the public which had originated from the Office of the Prime Minister and Council of Ministers of Nepal. The enclosures referred to in the letter were not copied to us. An anonymous copy of the letter will be placed in the Library of the House.

Pakistan: Country Information Policy Unit

Lord Avebury: asked Her Majesty's Government:
	Whether they will take steps to ensure that those in the Country Information Policy Unit are accurately briefed on matters concerning the breakdown of faiths within Pakistan community authorities such as Rabwah.

Baroness Scotland of Asthal: The Country of Origin Information Service (formerly part of the Country Information and Policy Unit) country of origin information products are compiled solely from a wide range of publicly disclosable sources. These sources do not generally contain such detailed information as the breakdown of faiths within community authorities. However, recent enquiries through the British High Commission in Islamabad show that very few Ahmadis are represented in public and semi-public organisations in Rabwah. Approximately 55 per cent of the voting population of Rabwah are Ahmadi, but it appears that Ahmadis do not normally vote in or contest elections for a variety of reasons. This information will be reflected in a forthcoming Country of Origin Information Service bulletin on Pakistan. Information concerning the breakdown of faiths in other authorities will be sought if a specific need for this arises in relation to the processing of asylum cases.

Pensions

Lord Oakeshott of Seagrove Bay: asked Her Majesty's Government:
	Whether any pension schemes which commenced wind-up after 1 January 1997, other than schemes where the employer was solvent, are not eligible for inclusion either in the financial assistance scheme or the Pension Protection Fund; and, if so, under what circumstances.

Lord Hunt of Kings Heath: The financial assistance scheme (FAS) will in general, and subject to detailed provisions in the Pensions Act 2004 and consequential regulations, provide assistance to members of non-money purchase pension schemes that commenced wind up between 1 January 1997 and 5 April 2005. The sponsoring employer must also have had a relevant insolvency event by the end of the FAS notification period on 28 February 2006. Schemes sponsored by employers that have insolvency events after that date will not qualify for the FAS.
	The PPF covers non-money purchase occupational pension schemes that have not commenced wind up prior to 6 April 2005. It should be noted, however, that schemes which meet these criteria will still be ineligible if they are a prescribed scheme or a scheme of a prescribed description, as set out in Regulation 2 of the PPF (Entry Rules) Regulations 2005 or where, subject to prescribed exceptions, they have compromised the S.75 debt payable to the scheme. The PPF publish full details of how these exceptions apply on their website www.pensionprotectionfund.org.uk.
	PPF involvement is conditional on the sponsoring employer or employers having a qualifying insolvency event. Compensation will be paid only when it is certain that a scheme rescue is not possible and that the scheme has insufficient funds to secure at least the PPF level of benefits. A scheme will also be ineligible where it has no sponsoring employer—this could occur, for example, if the only employer was dissolved prior to 6 April 2005.
	For eligible schemes not already in wind up before the 6 April, but where the employer is in insolvency proceedings prior to this date, entry to the PPF may be possible so long as the criteria are met. In particular, this would require a new insolvency event to take place after April 2005 (a move from administration to liquidation, for example).

Pensions: Reciprocal Uprating Agreements

Lord Oakeshott of Seagrove Bay: asked Her Majesty's Government:
	Which are the countries with whom they do not have reciprocal agreements on social security; when negotiations last took place on reciprocal agreements with each of these countries; how each country treats the pension entitlements of its own retired citizens in the United Kingdom; and what pension-related benefits are available to United Kingdom pensioners resident in each of these countries; and
	How many United Kingdom pensioners are resident in each country without reciprocal agreements on social security; and how many pensioners from each country without reciprocal agreements on social security are resident in the United Kingdom; and
	In relation to the pensions of British citizens retiring to countries without reciprocal agreements on social security, for each country, what is the estimated cost of indexing those pensions from now on (a) for each of the next five years; (b) in 2015; (c) in 2020; and (d) in 2030.

Lord Hunt of Kings Heath: The table below shows the numbers of UK state pensions paid to people residing in countries outside the European Economic Area and with which the UK does not have a reciprocal social security agreement covering uprating of UK state pensions
	
		
			 Country Number of UKstate pensions paid 
			 Afghanistan 1 
			 Albania 9 
			 Algeria 7 
			 Andorra 201 
			 Anguilla 142 
			 Antigua 426 
			 Antilles (Netherlands) 31 
			 Arab Emirates (United) 256 
			 Argentina 238 
			 Ascension Island 5 
			 Australia 236,851 
			 Bahamas 235 
			 Bahrain 64 
			 Bangladesh 2,682 
			 Barbuda 4 
			 Belize 53 
			 Benin 4 
			 Bhutan 1 
			 Bolivia 25 
			 Botswana 131 
			 Brazil 498 
			 Brunei 14 
			 Bulgaria 59 
			 Burkina Faso 2 
			 Burma 3 
			 Cameroon 12 
			 Canada 151,230 
			 Cape Verde Islands 6 
			 Cayman Islands 104 
			 Central African Republic 2 
			 Chad 1 
			 Chile 173 
			 China Peoples Republic 112 
			 Colombia 84 
			 Congo 2 
			 Cook Islands 7 
			 Costa Rica 48 
			 Cote D'Ivoire 2 
			 Cuba 6 
			 Democratic Republic of the Congo 2 
			 Djibouti 100 
			 Dominica Commonwealth 1,099 
			 Dominican Republic 35 
			 Ecuador 44 
			 Egypt 156 
			 El Salvador 9 
			 Ethiopia 27 
			 Falkland Islands and Dependencies 38 
			 Faroe Islands 8 
			 Fiji 75 
			 Gambia 76 
			 Ghana 778 
			 Greenland 1 
			 Grenada 1,514 
			 Guatemala 9 
			 Guinea 2 
			 Guyana 438 
			 Haiti 1 
			 Honduras 8 
			 Hong Kong 1,097 
			 India 4,139 
			 Indonesia 86 
			 Iran 15 
			 Iraq 7 
			 Japan 324 
			 Jordan 47 
			 Kampuchea 6 
			 Kenya 593 
			 Kiribati 3 
			 Kuwait 40 
			 Lebanon 59 
			 Lesotho 7 
			 Liberia 2 
			 Libya 2 
			 Macau 10 
			 Malagasy Republic 6 
			 Malawi 86 
			 Malaysia 446 
			 Maldive Islands 2 
			 Mexico 301 
			 Monaco 293 
			 Mongolia 2 
			 Montserrat 143 
			 Morocco 86 
			 Mozambique 3 
			 Namibia 41 
			 Nepal 25 
			 Nevis St Kitts 503 
			 New Caledonia 4 
			 New Zealand 44,965 
			 Nicaragua 7 
			 Niger 1 
			 Nigeria 2,410 
			 Norfolk Island 8 
			 Oman 51 
			 Pakistan 4,969 
			 Panama 21 
			 Papua New Guinea 16 
			 Paraguay 21 
			 Peru 90 
			 Qatar 27 
			 Republic of Armenia 2 
			 Republic of Azerbaijan 2 
			 Republic of Belarus 20 
			 Republic of Kazakhstan 1 
			 Republic of Kyrgyzstan 1 
			 Republic of Moldova 3 
			 Republic of Tajikistan 1 
			 Republic of Turkmenistan 2 
			 Republic of Uzbekistan 2 
			 Republic of Yemen 2,779 
			 Romania 22 
			 Rwanda 1 
			 San Marino 1 
			 Sarawak 2 
			 Saudi Arabia 140 
			 Senegal 7 
			 Seychelles 90 
			 Sharjah 1 
			 Sierra Leone 96 
			 Singapore 279 
			 Solomon Islands 8 
			 Somalia 48 
			 South Africa 36,558 
			 South Korea 14 
			 Sri Lanka 586 
			 St Helena and Dependencies 71 
			 St Lucia 1,370 
			 St Martins 1 
			 St Vincent and Grenadines 812 
			 Sudan 4 
			 Surinam 3 
			 Swaziland 94 
			 Syria 24 
			 Tahiti 2 
			 Taiwan 17 
			 Tanzania 56 
			 Thailand 1,019 
			 The Russian Federation 87 
			 Togo 7 
			 Tonga 10 
			 Trinidad and Tobago 1,257 
			 Tunisia 23 
			 Turks and Caicos Islands 19 
			 Uganda 65 
			 Ukraine 228 
			 Uruguay 33 
			 Vanuatu 21 
			 Venezuela 79 
			 Vietnam 9 
			 Virgin Islands (British) 47 
			 Western Samoa 7 
			 Zambia 178 
			 Zimbabwe 2,809 
		
	
	Source:DWP caseload data—October 2005
	Although most reciprocal agreements provide for payment of upratings, that is not their primary purpose. They are intended mainly to provide a measure of co-ordination between social security schemes to protect the social security of workers moving between the two countries during their working lives. They prevent employees, their employers and the self-employed having to pay social security contributions to both the home state and the state of residence at the same time.
	From 1981 to the present day, successive UK governments have taken the view that no new commitments should be entered into to seek to negotiate new agreements with other countries that would include provision for the payment of social security, benefits to persons abroad, including the uprating of UK state pensions abroad. Most of the UK's existing agreements are in fact consolidations of earlier long-standing ones and were entered into with a view to administrative improvements and efficiencies and also to take into account developments and changes to both countries' schemes over time, rather than to extend the scope for payment of increased amounts of benefits abroad.
	As shown in the table above, the UK state pension is paid to over half a million people residing in over 100 different countries outside the EEA with which the UK does not have a reciprocal social security agreement covering uprating of the state pension. Around 90 per cent of these overseas pensioners reside in Australia, Canada, New Zealand or South Africa.
	Only limited information is available on the rules applicable to the export of pensions from these four countries. Such information as is available is as follows:
	In Australia, the tax-funded, residence-based age pension is payable outside Australia but only if it was claimed while the person was resident in Australia; it cannot be claimed from outside Australia other than from a country with which Australia has a reciprocal agreement. In contrast the UK state pension can be claimed from anywhere in the world.
	In Canada, benefits under the contributory Canada pension plan are payable to people who live outside Canada and are uprated once a year in January. The residence-based, tax-funded old age security pension can be paid indefinitely outside Canada provided the pensioner has lived in Canada for at least 20 years after reaching 18 years of age.
	The arrangements in New Zealand are that the tax-funded New Zealand superannuation is generally payable outside New Zealand at 50 per cent of the rate payable in the country. As with Australia, it is paid only to people who claimed the pension while resident in the country. However, the rate payable to those moving to a country with which New Zealand has a reciprocal agreement will depend on the terms of the agreement.
	There is no universal contributory pension scheme in South Africa. However there are some income-tested social security benefits, including social pensions for the elderly. Payment is subject to a stringent income test, meaning that only those at the bottom of the economic scale are entitled to receive benefits, which are generally uprated once a year, usually in April. The benefits are not payable outside South Africa.
	The table below shows the estimated costs of uprating state pensions paid to people residing in countries where it is not currently uprated.
	
		
			 Year Additional cost of uprating 
			 2005–06 £20,000,000 
			 2006–07 £50,000,000 
			 2007–08 £70,000,000 
			 2008–09 £100,000,000 
			 2009–10 £130,000,000 
		
	
	Source: Forecast expenditure figures based upon DWP retirement pension administrative data, HM Treasury short-term retail prices index forecasts and GAD overseas pensioner forecasts.
	Reliable long-term estimates are not available. However, the costs would increase significantly over future years.

Police Charging: Crown Prosecution Service

Lord Bradshaw: asked Her Majesty's Government:
	Whether they will review urgently the availability of Crown Prosecution Service lawyers at police stations to give advice under the charging scheme.

Lord Goldsmith: It is important to have adequate cover for advice to the police. Therefore, guaranteeing a charging service to the police between the hours of 9 am and 5 pm on weekdays is a key requirement of the statutory charging scheme and one that must be satisfied before an area is allowed to operate under the statutory provisions. CPS Direct complements this service by making prosecutors advice available to the police out of these hours and throughout weekends and public holidays.
	All the 42 Crown Prosecution Service (CPS) areas have been provided with the necessary resources to ensure that they can provide a charging service between the hours of 9 am and 5 pm during weekdays. The levels of service are reviewed in each area by a joint police/CPS team before an area is allowed to operate under the statutory provisions and, again, six months after implementation to ensure prosecutor coverage still meets demand. There are also national arrangements to deal with issues going across more than one area.

Police Charging: Crown Prosecution Service

Lord Bradshaw: asked Her Majesty's Government:
	Whether the level of cover provided by the Crown Prosecution Service at police stations in the Thames Valley under the charging scheme is adequate.

Lord Goldsmith: The location and number of charging sessions covered by crown prosecutors was jointly agreed by the Crown Prosecution Service (CPS) and Thames Valley Police through the Area Charging Steering Group, prior to the introduction of statutory charging in September 2004. Since then, CPS coverage at charging centres has been closely monitored by the steering group and the latest data indicate that the number of consultations reduced during the summer.
	As a result of this reduction, the steering group commissioned a three-month evaluation of the number of consultations across the Thames Valley Area. This evaluation commenced on 1 October 2005. At the end of the evaluation, decisions will be taken on the number of duty prosecutors required to provide a charging service to Thames Valley Police.

Salt: Dietary Advice

Lord Turnberg: asked Her Majesty's Government:
	What discussions they have had with the Food and Drinks Federation about salt content reduction programmes.

Lord Warner: Since the second half of 2003 the Department of Health and the Food Standards Agency have had frequent discussions with representatives of the Food and Drink Federation and its members on salt reduction both in relation to public health objectives under the Choosing Health White Paper, and the industry's own initiatives.

Salt: Dietary Advice

Lord Turnberg: asked Her Majesty's Government:
	What progress they have made in reducing the salt content of manufactured foods.

Lord Warner: The Department of Health and the Food Standards Agency working with the food industry have made significant progress towards reducing the salt content of foods. However, there is scope for further reductions to ensure that the target population average salt intake of 6 grams a day is met by 2010. Since February 2004 we have received commitments to further reduce salt levels in foods from more than 50 key food industry organisations.

Shipping: Careless Navigation

Lord Monson: asked Her Majesty's Government:
	What penalties can be imposed upon those persons who through careless navigation cause major damage to bridges or other property.

Lord Davies of Oldham: Under the Merchant Shipping Act 1995, Section 58, conduct endangering ships, structures or individuals, magistrates' courts may impose a fine not exceeding the statutory maximum of £5,000 or, if in Crown court, imprisonment for a term not exceeding two years or an unlimited fine or both.

Supermarkets: Retail Prices

Lord Christopher: asked Her Majesty's Government:
	Whether supermarket retail prices for beef, lamb, pork, chicken and milk offer a fair deal for United Kingdom farmers; and, if so, on what evidence they base this conclusion.

Lord Bach: Provided competition rules are observed, the Government do not believe it should seek to intervene in matters of pricing in food supply chains. Nevertheless, the Government have made clear their view of the importance of supermarkets recognising that in the long run, they and their customers need sustainable UK-based chains. Equally, the challenge for farmers and other suppliers is to respond to market pressures and seek to gain a greater share of the retail price by adding value to the commodities which they produce and delivering the quality attributes that influence customers' choice.

Vehicle and Operator Services Agency

Lord Bradshaw: asked Her Majesty's Government:
	Whether Vehicle and Operator Services Agency officials submit details to the Traffic Commissioner of all prohibition notices which are issued to British heavy goods vehicles drivers.

Lord Davies of Oldham: The Vehicle and Operator Services Agency holds on its own database details of all prohibition notices issued by them to British heavy goods vehicle drivers. These are available to Traffic Commissioners. VOSA collates histories of offending by operators and uses the information to target enforcement activities. Investigations may result in prosecution action or a recommendation to a Traffic Commissioner to call the operator to public inquiry to review his ongoing suitability to hold an operator's licence or both.

Vehicle and Operator Services Agency

Lord Bradshaw: asked Her Majesty's Government:
	What is the amount of a penalty notice issued by the police or Vehicle and Operator Services Agency officials to heavy goods vehicles drivers for breach of the drivers' hours regulations; and whether powers exist to increase this penalty by order.

Lord Davies of Oldham: Fixed penalty notices cannot currently be issued by the police or the Vehicle and Operator Services Agency (VOSA) for breaches of the drivers' hours regulations. Such breaches are prosecuted through the courts.
	However, under the Road Traffic Offenders Act 1988 the Secretary of State may by order provide for offences to become fixed penalty offences.
	The Road Safety Bill is currently passing through Committee stage in the Lords and will subsequently need to pass through the Commons. If this stage is passed, we expect Royal Assent around March or April 2006.
	The Bill includes powers for the police and VOSA to issue fixed penalty notices and powers for the amount of the penalty to be graduated according to the severity of the offence. Penalty levels are to be included in the detailed secondary legislation. Consultation on these matters is planned to begin soon after enactment of the Road Safety Bill.

Vehicle and Operator Services Agency

Lord Bradshaw: asked Her Majesty's Government:
	What action Vehicle and Operator Services Agency officials take when a prohibition notice is issued to an agency driver for whom no operator licence is held.

Lord Davies of Oldham: Whether a driver is employed directly or through an agency has no bearing on an operator's responsibility for his behaviour. Where a prohibition notice is issued against an agency driver, it will be added to the record of the operator who is using his services on that day and, depending on the circumstances of the case, may result in further investigation and subsequent enforcement action.
	In addition, the Vehicle and Operator Services Agency (VOSA) and the police can take prosecutions against the driver agency where evidence can be obtained that it was a party to the offences committed.
	Proposed changes to the European drivers' hours regulations include a specific requirement for driver agencies to ensure that contractually agreed transport time schedules respect the drivers' hours rules.